Avoid ranting about your job on Facebook: Lawyer

If employees post disparaging messages about their jobs on social networking sites such as Facebook and Twitter they could be fired, a law firm warned today.

“The reality is that an employer is entitled to take disciplinary action against an employee (including dismissal) where the employee’s private actions negatively impact on the ongoing employment relationship,” said Johan Botes, director in employment practice at Cliffe Dekker Hofmeyr law firm.

This had recently happened in South Africa.

“The previous head of the Market Theatre Laboratory, Matjamela Motloung, has been dismissed from employment following his anti-Semitic rant against Jewish producers in the South African Theatre industry,” said Botes.

“Motloung’s dismissal follows on the heels of outrage caused by racist Facebook pages, the dismissal of an employee for making disparaging remarks against his manager and the suspension of an employee for punting the competition’s products, all on Facebook.”

Employees’ communication outside their working environment is not completely private.

“An employee cannot expect to assault his manager at a social function after hours and get away with it. Employees should appreciate that their communication on social networking sites has a bearing on the ongoing employment relationship, even where such communication takes place outside the workplace and using private computers.”

Botes said it was the effect of the communication that was important, more than where or when it was communicated.

Postings on social networking sites or communication via email might be meant for a select group of people, but once it was posted, the poster loses control.

“The minute you post it you effectively surrender control over how and where that message is distributed afterwards,” Botes said.

He said employees who use social networking sites or emails to rant should not expect any sympathy from employers or the Commission for Conciliation, Mediation and Arbitration if these communications turn up in unwanted places.

“This is especially true for those who communicate abhorrent message of anti-Semitism or racism.

“The golden rule for any employee thinking about sending a message or posting a comment on Facebook should be: If you would not like to see this message in the newspaper tomorrow, do not post it.”

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